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Kerrigan v. Visalus, Inc.

United States District Court, E.D. Michigan, Southern Division

October 1, 2019

TIMOTHY KERRIGAN, LORI MIKOVICH and RYAN M. VALLI, individually, and on behalf of all others similarly situated, Plaintiffs,
v.
VISALUS, INC., a corporation, et al., Defendants.

          ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND FINAL JUDGMENT

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

         Plaintiffs and Class Representatives Timothy Kerrigan, Lori Mikovich and Ryan Valli (“Named Plaintiffs”) acting individually and on behalf of the Settlement Class, filed an Unopposed Motion for Final Approval of Proposed Settlement and Final Judgment (the “Motion”). The Motion seeks final approval of the Class Representatives' agreement (“Agreement”), as specified in their written settlement agreement (“Settlement Agreement”) with ViSalus, Inc. (“ViSalus”), Nick Sarnicola, Robert Goergen, Sr., Todd Goergen, Ryan Blair, Blake Mallen, Frank Varon, Kyle Pacetti, Jr., Michael Craig, Timothy Kirkland, Holley Kirkland, Aaron Fortner, Rachel Jackson, Tara Wilson, Anthony Lucero, Rhonda Lucero, Jake Trzcinski, Gary J. Reynolds, Kevin Merriweather, Ropart Asset Management Fund I, LLC, Ropart Asset Management Fund II, LLC, Living Trust Dated 9/30/1991 f/b/o Robert B. Goergen, OCD Marketing, Inc., Power Couple, Inc., Arrive By 25, Inc., BAM Ventures, Inc., Gooder, LLC, Red Letters, LLC, M-Power Path, Inc., A Berry Good Life, Inc., Network Dynamics America Corp., Freedom Legacy, LLC, Residual Marketing, Inc., Got Heart Global, Inc., Jaketrz, Inc., Mojos Legacy, LLC, Beachlifestyle Enterprises, LLC, Wealth Builder International, Prospex Automated Wealth Systems, Inc., 9248-2587 Quebec, Inc., Jason O'Toole, and Lori Petrilli (collectively “Defendants”) to settle all individual and class claims that have, or could have, been made in Plaintiffs' Fourth Amended Complaint as specified in their written settlement agreement (“Settlement Agreement”). This Court, having reviewed the Motion and the exhibits, including the Settlement Agreement, finds itself to be apprised of the issues and grants the Motion.

         NOW, THEREFORE, this Court, having heard the oral presentations made at the Final Approval Hearing, having reviewed the submissions presented regarding the proposed Settlement, having determined that the Settlement is fair, adequate, and reasonable, and having received arguments concerning the award of attorneys' fees, and having reviewed the materials in connection therewith, and now deeming itself to be fully informed;

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

         1. The capitalized terms used in this Order and Judgment shall have the same meaning as defined in the Settlement Agreement except as may otherwise be ordered.

         2. This Court has jurisdiction over the subject matter of this case, all claims raised therein, and all Parties thereto, including the members of the Settlement Class.

         3. This Court finds, solely to consider this Agreement, that the requirements of Federal Rule of Civil Procedure 23 are satisfied, including requirements for numerosity, commonality, typicality, adequacy of representation, manageability of the Settlement Class for settlement, that common issues of law and fact predominate over individual issues, that common issues of law and fact predominate over individual issues, and that settlement and certification of the Settlement Class is superior to alternative means of resolving the claims and disputes.

         4. The Settlement Class, which will be bound by this Final Approval Order and Judgment, shall include all members of the Settlement Class who did not submit timely and valid requests for exclusion. The following twenty-two (22) individuals, members of the Settlement Class, timely submitted notices to opt out of this class settlement, and therefore their rights are not affected by this final judgment: (1) Johnny Volpe, ViSalus IP #3396754; (2) Victoria Hughes, ViSalus IP #1822936; (3) Cynthia Cialdella, ViSalus IP #2757479; (4) Alison Belgrave, ViSalus IP #1330764; (5) Carlos Ubinas, ViSalus IP #2502998; (6) Jean-Michel Moulin, ViSalus IP #1621357; (7) Kimberley Earl, ViSalus IP #3462962; (8) Maxime Lacoursiere, ViSalus IP #2329006; (9) Benoit Giguere, ViSalus IP #1269371; (10) Caroline Dombroskie, ViSalus IP #3953459; (11) Christopher Scarfo, ViSalus IP #514227; (12) Youri Durocher, ViSalus IP #1631810; (13) Claudette Grondin, ViSalus IP #1269648; (14) Shakeel Khan, ViSalus IP #1422532; (15) Victoria Loughlin, ViSalus IP #667640; (16) Willington Tique, ViSalus IP #1247502; (17) Blake Moore, ViSalus IP #407918; (18) Jodi Woodside, ViSalus IP #650736; (19) Julie Grenier, ViSalus IP #2284611; (20) Callie Chicoine, ViSalus IP #748296; (21) Cindy Long, ViSalus IP #817462; and (22) Susan Escritor, ViSalus IP #1921072.

         5. The Plaintiffs Timothy Kerrigan, Lori Mikovich and Ryan Valli have served fairly and adequately as Class Representatives of the Settlement Class.

         6. These attorneys and their respective firms have served fairly and adequately as Class Counsel:

Andrew Kochanowski Lance C. Young Sommers Schwartz, P.C. One Towne Square, Suite 1700 Southfield, MI 48076
Matthew Prebeg Prebeg, Faucett & Abbott PLLC 8441 Gulf Freeway, Suite 307 Houston, TX 77017
Edward Wallace Mark Miller Wexler Wallace LLP 55 W. Monroe St. Suite 3300 Chicago, IL 60603

         7. For purposes of this Final Approval Order and Judgment, the ...


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